Showing : 761-770 of 1413 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Execution of decree - Question as to the legality of decree - Revision petition before the High Court against the order of the Executing Court on an application u/s 151 - High Court went into the question as to the legality of the decree - Such a question did not and could not have arisen before..........
MADHYA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 115, Order 21, Rule 64- - Sale of land of J.D. - Objections to sale of land which was more than double of total recoverable amount under decree - Can be agitated before Revisional Court for the first time...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58-- Execution - Objection - Dismissal by non speaking order - Rejection of objection by merely stating that objections are meritless - Held, not proper - Reasonings should precede findings...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 21-- Execution - Any decree obtained without impleading proper parties cannot be exe-cuted - The decree which affects the rights of the persons not impleaded in the suit cannot be executed...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 92, 94-- Auction sale - Sale becomes absolute on confirmation - It cannot be said to attain finality only when sale certificate is issued...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Provision of O.21.R.64 is mandatory - Only such portion of the property is to be sold which is sufficient to satisfy the decree - Sale not in conformity with the mandatory provision is illegal and without jurisdiction...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Permanent injunction decree restraining interference in peaceful possession - J.D. claiming to be in possession of suit land prior to passing of decree and also after passing of decree - This fact indicates that J.D. not ready to obey the decree passed by the civil Court - Decree ordered to be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151, 47, Order 21, Rule 90-- Auction sale - Setting aside - J.D. filed application u/s 151 on ground of want of notice and misdescription of property - Objections not pressed during long pendency of litigation - Plea of J.D. that he came to know about execution proceedings only when delivery of warrant was issued - Not bona..........
GAUHATI HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Execution - D.H. dispossessed by defendant after getting possession of land in suit for declaration of title - Remedy lies to press into service for second execution with police for restoration of possession - Law of criminal trespass is another aid for protection in appropriate criminal..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Inadequate price - Held, there is presumption that price fetched in court-sale is adequate, and mere inadequacy of price cannot be termed as injury, much less substantial injury so as to challenge the sale...........

Showing : 761-770 of 1413 Results